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(영문) 서울북부지방법원 2018.03.21 2017나37049
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff, the defendant, C, B, and D are the members of the F clan that is the joint group of E (hereinafter "the clan of this case").

B. On March 2010, the Plaintiff was elected as a temporary president at the ordinary meeting of the instant clan, and on March 27, 201, the Plaintiff was elected as the president at the ordinary meeting of the instant clans, and on March 27, 2011, the Plaintiff did not transfer documents and passbooks related to the business of clan C

On June 7, 2011, the Plaintiff reported the loss of the passbook of free deposit, which is the account for the business affairs of the clan of this case, and then used the money of the existing account after transferring it to a new account.

C. Around August 201, the Plaintiff alleged that the transfer of the amount of the passbook of free deposit to another account is embezzlement and accused during the investigation period, and the prosecutor of the Seoul Eastern District Prosecutors’ Office who investigated the transfer on October 26, 201, issued a non-prosecution disposition on the ground that “the Plaintiff has transferred the money to a new account in the name of a clan, but has not used it for personal purposes.”

B convened an extraordinary general meeting of the instant clan on September 7, 2011, and accordingly passed a resolution to appoint D as the president at an extraordinary general meeting held on September 24, 2011.

E. The Plaintiff filed a lawsuit seeking confirmation of invalidity of the resolution of the general meeting of a clan that “the resolution in which the instant clan was appointed as the president from September 24, 201,” with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 201Ga2639, and the said court rendered a judgment in favor of the Plaintiff on March 8, 2012, which rendered a judgment in favor of the Plaintiff. The instant clan appealed with Seoul High Court Decision 2012Na30924 on January 9, 2013, but the appeal was dismissed on January 9, 2013, and was appealed by Supreme Court Decision 2013Da12303, but the final appeal was dismissed on April 25, 2013 and became final and conclusive.

F. On April 25, 2013, the Plaintiff recovered the status of the president of the instant clan as the said judgment became final and conclusive, and on May 7, 2013, the Plaintiff protects the deposits in the name of the instant clan from D, etc.

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